OPT - H1b Start Date Gap

[gc2005nyc]

I am working for a company A and I have an approved H1B. However, there is a 4 week gap between the end date of the OPT and the start date of H1b.

What are my options in this situation?

If I take a leave of absence for this period how do I document it so I can prove later that i was not working?

Many thanks.

 

[IndoKiddo]

Don't worry

It hapened to me also. My company lawyer did not act fast enough and I did not get approval until three weeks after my F-1 expired. For some wierd reason, they approved with a past date. But that probably was pure luck.

Did you get paid in that 4 week period ? For me my company did not pay during that period. But they asked me not to come to work either.

As far as status is concerned, I think you are OK. Because, unlike many visa types, F-1s have a grace period for leaving. I think it is 2 or 3 months. Look up. So you can stay 2-3 months after your status expired (In your case expiration of your OPT), and still be in status.

But take your company lawyer's advise. You never know how it is going to haunt you in future.

 

[gc2005nyc]

i wonder if later USCIS inquires about the gap how can i prove that i was not working. is there someting i should prepare right now?

 

[IndoKiddo]

Dude, if you did not get pay-check(s) during any time, then you did not work. As simple as that. If you got pay-checks for that period then that could be a problem. Otherwise just relax. USCIS does not have enough time or resources to go around and enquire, they will wait for you to go to them. When you apply for Green Card, it may be possible that they will look into all of that. The best they can do is that they can check if you received paychecks during that time.

i wonder if later USCIS inquires about the gap how can i prove that i was not working. is there someting i should prepare right now?